EPLAW PATENT BLOG

UK – Supreme Court / Warner-Lambert v. Mylan & Actavis / second medical use / plausibility

Posted: November 14th, 2018

The UKSC has introduced a new test for the infringement of Swiss form second medical use claims and clarified the application of the test for plausibility of purpose-limited claims, by Tim Powell, Bethan Hopewell, Siddharth Kusumakar and Joel Coles, Powell Gilbert LLP  The United Kingdom Supreme Court (UKSC) today handed down its highly-anticipated judgment in the […]

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IT – Eli Lilly / Alimta® – decision overturned

Posted: November 1st, 2018

Court of Milan overturns first instance decision on appeal (“reclamo”) and orders a preliminary injunction based on equivalent infringement of Eli Lilly’s Alimta® patent In a decision of 15th October 2018 in urgent proceedings, the Court of Milan’s appeal panel (comprised of President and Judge rapporteur, Mr Claudio Marangoni and Judges Anna Bellesi and Alima […]

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NL – High Point v. KPN

Posted: June 20th, 2018

High Point SARL v. KPN B.V., Court of Appeal The Hague, The Netherlands, 5 June 2018, Case no. ECLI:NL:GHDHA:2018:1271 High Point is the owner of EP 0 522 772 which relates to a ‘Wireless access telephone-to-telephone network interface architecture’. It has sued KPN for infringement. KPN, in turn, has claimed the invalidation of EP 772. […]

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NL – HP v. Benson cs

Posted: May 1st, 2018

Hewlett-Packard Development Company v. Benson Image, Top Printing and Aigostar, District Court the Hague, 25 April 2018, ECLI:NL:RBDHA:2018:4810 HP is the holder of the European patent EP 1 330 360 titled “Inkjet printhead”. The patent was granted on 11 March 2009 relying on the priority date of US 702267 (30 October 2000). Claim 1 of […]

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DK – ELI LILLY V. FRESENIUS KABI (PEMETREXED)

Posted: December 22nd, 2017

Eli Lilly and Company and Eli Lilly Danmark A/S (“Lilly”) v. Fresenius Kabi AB v/Fresenius Kabi and Fresenius Kabi Oncology Plc. (“Fresenius Kabi”), the Danish Maritime and Commercial High Court, Case number A-19-17, 8 December 2017 The case concerns the infringement of Lilly’s patent DK/EP 1 313 508 (“DK/EP ‘508”) which relates to the use […]

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UK – Curt G Joa v. Fameccanica Data

Posted: May 24th, 2017

Curt G Joa, Inc v Fameccanica Data SpA, UK, Intellectual Property Enterprise Court, Hacon HHJ, 24 May 2017 This case concerned a patent for “disposable absorbent garments”, including nappies/diapers and adult incontinence garments. By the time the case came to trial, the patentee had made both unconditional and conditional applications to amend the claims of […]

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NL – HTW v. Permavoid

Posted: January 5th, 2017

HTW Infiltratietechniek B.V. v. Permavoid Limited, Court of Appeal of the Hague, the Netherlands, 27 December 2016, Case number C/09/456139 / HA ZA 13-1362 Permavoid is the holder of European patent EP 1 311 727 B1 for ‘a pavement with structural module’. All claims of EP ‘727 are directed to a ‘vehicular trafficked pavement structure’. […]

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UK – MSD v. Shionogi

Posted: December 21st, 2016

Merck Sharp and Dohme Limited v Shionogi & Co. Limited, High Court of England and Wales (Arnold J), 25 November 2015, Neutral Citation Number [2016] EWHC 2989 (Pat) The claimant, Merck, sought revocation of Shionogi’s EP(UK) 1 422 218. The defendant, Shionogi, counterclaimed for infringement by Merck’s integrase inhibitor raltegravir, marketed as Isentress. Shionogi made […]

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UK – Sony Communications International v. SSH Communications Security Corporation

Posted: October 24th, 2016

Sony Communications International AB and others v SSH Communications Security Corporation and others, UK Patents Court, Roger Wyand QC, 10 October 2016, Neutral Citation Number: [2016] EWHC 2359 (Ch) In this action Sony sought to revoke SSH’s patent, EP (UK) 2 254 311. This patent related to an aspect of accessing wide area networks (WANs) […]

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